Johnson v. Stanton, et al

Filing 48

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/24/2014 DISMISSING this action and the court DECLINES to issue a certificate of appealability. CASE CLOSED.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY DALE JOHNSON,

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Petitioner,

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v.

No. 2:12-cv-2239-EFB P

ORDER

GARY R. STANTON, et al.,

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Respondents.

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Petitioner is a federal prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254.1

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On February 6, 2014, respondent Grondolsky filed a motion to dismiss. On February 7,

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2014, respondents Solano County Jail and Barrett filed a motion to dismiss. Petitioner failed to

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timely file an opposition to either motion. On March 19, 2014, the court informed petitioner of

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the requirements for filing an opposition to any motion to dismiss. That order gave petitioner 21

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days to file an opposition or statement of non-opposition and warned him that failure to do so

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would result in dismissal of this action without prejudice.

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This case is before the undersigned pursuant to the parties’ consent. ECF Nos. 5, 31; see
28 U.S.C. § 636(c)(1); Fed. R. Civ. P. 73; E.D. Cal. L.R. 301, 305.
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The 21 days have passed and petitioner has not filed an opposition or a statement of no
opposition nor otherwise responded to the March 19, 2014 order.2
Accordingly, this action is dismissed. Fed. R. Civ. P. 41(b); Rule 12, Rules Governing

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§ 2254 Cases. The court declines to issue a Certificate of Appealability.

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Dated: April 24, 2014.

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Although it appears from the file that petitioner’s copy of the order was returned, he was
properly served. It is a party’s responsibility to keep the court apprised of a current address at all
times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is
fully effective.
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